Tag Archives: Landowner Continuing Obligations

Michigan Amends Statute to Add New Institutional Control Continuing Obligations

For years, Michigan’s cleanup laws have set forth a fairly novel approach aimed at protecting new “nonliable” purchasers of contaminated property.  The legal and regulatory regime involves a characterization of the pre-purchase contamination as well as post-puchase “due care” procedures.  Last month, in December 2010, Michigan added institutional control (IC) compliance and management obligations to […]

Court Finds “Appropriate Care”

In 3000 E. Imperial, LLC, Plaintiff, v. ROBERTSHAW CONTROLS CO, et al. Defendants, No. CV 08-3985 PA, 2010 U.S. Dist. Lexis 138661 (C.D. Cal. Dec. 29  2010), a Federal District Court in California found a contaminated property purchaser to have exercised “appropriate care” and, in turn, to have satisfied the Bona Fide Prospective Purchaser (“BFPP”) […]

Ashley II Court Addresses the BFPP Defense

In the years I’ve spent helping to draft a Continuing Obligations Guide as part of the ASTM E50 Committee, my colleagues and I have often acutely noted (and perhaps lamented) that no court has ever directly addressed CERCLA’s Bonafide Prospective Purchaser (“BFPP”) defense.  Well now there’s a case.  In Ashley II of Charlseston LLC v. PCS Nitrogen, […]

EPA Cleanup Proposal Relies on Institutional Control Monitoring

A recent EPA cleanup proposal directly recognizes what many have come to accept as a given – cleanups need institutional controls (ICs), monitoring of ICs is a critical component of cleanup remedies, and private sector landwatch services make monitoring effective. Recognizing the key role of IC monitoring, EPA’s June 2010 “proposed plan” for a Southern […]

Learning Lessons from a Personal Encounter with a Failing Groundwater Recovery System

Children playing patty-cake in the discharge of the discharge of a remediation recovery well: this article reveals first-hand challenges to landowners and responsible parties when a remedial piping fails.  As the task group chair for ASTM’s Continuing Obligations Guide, Terradex’s Bob Wenzlau shares his personal encounter with a failed remedial system, the difficult to report […]

Leading ASTM’s Continuing Obligations Practice Standard

In October 2005, Bob Wenzlau of Terradex was appointed Task Group Chair to build a practice standard for Landowner Continuing Obligations. When complete, the practice standards will systematically improve the long-term public and environmental safety at brownfields while limiting financial liabilities brownfield redevelopers. The Task Group includes participation from USEPA, state government, brownfield redevelopers, environmental […]